Finisar Corporation v. Nistica, Inc.

Filing 37

ORDER by Judge Yvonne Gonzalez Rogers denying 23 Motion to Dismiss as Moot. The hearing set for November 12, 2013 is VACATED. (fs, COURT STAFF) (Filed on 10/30/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FINISAR CORPORATION,

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Northern District of California

United States District Court

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Plaintiff

Case No.: 13-CV-3345 YGR
ORDER DENYING MOTION TO DISMISS AS
MOOT

vs.
NISTICA, INC.,

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Defendant.

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In this patent case, on October 3, 2013, Plaintiff filed a motion to dismiss counterclaims

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asserted in Defendant’s Answer under Federal Rule of Civil Procedure 12(b)(6), and to strike

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affirmative defenses under Rule 12(f). (Dkt. No. 23).

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On October 17, 2013, Defendant filed a statement of non-opposition, in which it represented

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that, pursuant to Rule 15(a)(1(B), it would file an Amended Answer no later than October 24, 2013.

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(Dkt. No. 32.)

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Defendant timely filed its Amended Answer. (Dkt. No. 35.) In light of the filing of that

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pleading, Plaintiff’s motion is DENIED as moot. The hearing set for November 12, 2013, is

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VACATED.

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This Order terminates Docket No. 23.

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IT IS SO ORDERED.

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Date: October 30 , 2013

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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE